| Case ID |
3a9932c4-bcdf-44d7-bed8-2205544a34f2 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 193 of 1998 |
| Decision Date |
Jul 08, 1998 |
| Hearing Date |
Jul 08, 1998 |
| Decision |
The Lahore High Court accepted the writ petition and directed the respondents to implement the decision of the Punjab Service Tribunal dated 23-1-1994. The Tribunal had previously ruled that Khalid Mehmood was to be treated as permanently absorbed in the Punjab Police as a Sub-Inspector effective from 1-12-1977, and that his seniority should be counted accordingly. The Court found that the respondents had failed to implement this decision, which amounted to frustrating the mandate of the Constitution of Pakistan. The Court emphasized that the non-implementation of the Tribunal's order was a violation of the rights determined by the Tribunal, which had attained finality since no appeal was filed against it. Therefore, the Court mandated that the respondents must comply with the Tribunal's order in letter and spirit. |
| Summary |
In the case of Khalid Mehmood vs. Inspector General of Police, Punjab, the Lahore High Court addressed a constitutional petition regarding the non-implementation of a previous order from the Punjab Service Tribunal. The petitioner, Khalid Mehmood, had been absorbed into the Punjab Police as a Sub-Inspector following the disbandment of the F.S.F. in 1977. Despite this, his absorption was not recognized as permanent, nor was his seniority counted accordingly. After numerous attempts to resolve the matter through departmental appeals, the petitioner sought relief through this constitutional petition. The High Court ruled that the non-implementation of the Tribunal's decision was unconstitutional, emphasizing the obligation of the government to adhere to the Tribunal's rulings. The decision reinforces the principles of constitutional rights and the adherence to judicial mandates, particularly in service matters. This case highlights the importance of compliance with judicial orders in administrative matters and the role of higher courts in safeguarding civil servants' rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. ABDUR RAZZAQ, J
|
| Lawyers |
Ch. Abdul Qayyun for Petitioner,
Malik Muhammad Kabir, A.A.-G. for Respondents
|
| Petitioners |
KHALID MEHMOOD, INSPECTOR POLICE NO. R227, RAWALPINDI RANGE, RAWALPINDI
|
| Respondents |
another,
INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE
|
| Citations |
1999 SLD 962 = 1999 PLC 558
|
| Other Citations |
Muhammad Anwar v. Principal Secretary to the Prime Minister of Pakistan, Islamabad and another 1994 PLC (C.S.) 913,
S. Inamul Haq v. The Secretary, Establishment Division, Government of Pakistan 1983 CLC 1954
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
5,
199
|